South Africa Case Law

Councillor D.M Pitso (Mayor of Ramotshere Moiloa Municipality) and Another v Councillor L P Letshufi Speaker of Ramotshere Moiloa Local Municipality and Others (2495/2025)

Councillor D.M Pitso (Mayor of Ramotshere Moiloa Municipality) and Another v Councillor L P Letshufi Speaker of Ramotshere Moiloa Local Municipality and Others (2495/2025) [2025] ZANWHC 148 (11 August 2025)

Court

North West High Court, Mafikeng

Case number

2495/2025

Judge

Malane

The High Court dismissed a specific performance claim after finding that an acknowledgment of debt was a credit agreement under the NCA and the applicant was unregistered.

• National Credit Act
• Credit Provider Registration
• Specific Performance
• Acknowledgment Of Debt
• In Duplum Rule
• National-credit-act

MEC for the Department of Education, Eastern Cape v Ngxabi (2738/2021)

MEC for the Department of Education, Eastern Cape v Ngxabi (2738/2021) [2025] ZAECMHC 33 (6 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2738/2021

Judge

N Cengani-Mbakaza

The court found that the impugned order awarded interest in excess of the principal amount, which is contrary to the in duplum rule, a well-established common law principle. The applicant's absence at the granting of the order did not preclude relief under Rule 42(1)(a), as the application was brought within a reasonable time and the absence was due to mediation efforts rather than deliberate avoidance. The respondent's reliance on the Zuma case was misplaced, as the circumstances differed materially. The court held that the requirements for variation under Rule 42(1)(a) were met, and the ord…

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• In Duplum Rule
• Variation Of Court Order
• Interest On Judgment Debt

ENRC Mozambique Limitada v Riverland Holdings Limited (42562/2015)

ENRC Mozambique Limitada v Riverland Holdings Limited (42562/2015) [2025] ZAGPJHC 326 (27 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

42562/2015

Judge

Nico van der Walt

The court found that ENRC failed to challenge the authority of Mr Gomes in accordance with Rule 7(1) and that all evidence supported his authorisation to act for Riverland Holdings Limited. The arguments regarding disputes of fact were rejected as ENRC's deponents lacked personal knowledge of the relevant facts. The application to vary the order under Rule 42 was dismissed because the order was already subject to the in duplum rule and there was no patent error, omission, or common mistake. Both applications were found to have no prospects of success and were dismissed with costs.

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• Specific Performance
• Oral Contract
• Authority Of Litigant
• Rule 7 Challenge
• In Duplum Rule

Blue Crane Route Municipality v Municipal Workers Retirement Fund and Another (1827/2024)

Blue Crane Route Municipality v Municipal Workers Retirement Fund and Another (1827/2024) [2025] ZAECMKHC 28; 2025 (4) SA 571 (ECMk) (18 March 2025)

Court

Eastern Cape High Court, Makhanda

Case number

1827/2024

Judges

Govindjee, ZM Nhlangulela, L Ellis

The court held that the in duplum rule applies to statutory interest awarded on unpaid pension fund contributions, including post-judgment interest, unless expressly excluded by statute or court order. The Pension Funds Act does not exclude the rule, either expressly or by necessary implication. The rule is not limited to contractual debts and applies to all debts bearing interest. The court is not functus officio in relation to the application of the rule to the interest awarded, and the judgment must be construed subject to the rule. The writ issued by the Fund, which reflected interest far…

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• In Duplum Rule
• Pension Fund Contributions
• Statutory Interest
• Default Judgment
• Stay Of Execution

MEC for Public Works, Roads and Transport v Willie Web Holdings and Others (1020/2014)

MEC for Public Works, Roads and Transport v Willie Web Holdings and Others (1020/2014) [2025] ZANWHC 57 (17 March 2025)

Court

North West High Court, Mafikeng

Case number

1020/2014

Judge

S Mfenyana

The High Court held the in duplum rule is settled law, refused declaratory relief, and dismissed the application with attorney-and-client costs.

• In Duplum Rule
• Declaratory Order
• Interest On Judgment Debt
• Condonation
• Punitive Costs
• In-duplum-rule

Lasertek Payment Solutions (Pty) Limited v Electronic Connect (Pty) Limited (2023/093414)

Lasertek Payment Solutions (Pty) Limited v Electronic Connect (Pty) Limited (2023/093414) [2025] ZAGPJHC 243; [2025] 2 All SA 474 (GJ) (4 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/093414

Judge

Allen AJ

The court found that the applicant was not registered as a credit provider with the National Credit Regulator at the time the loan agreement was entered into, despite being required to do so under section 40(1) of the National Credit Act, as the principal debt exceeded the prescribed threshold. The court held that the parties were not dealing at arm's length, given the structure of the agreements, the involvement of third parties, and the lack of independence between the applicant and respondent. The court concluded that the loan agreement and related clauses in the September agreement were u…

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• National Credit Act
• Credit Provider Registration
• Arm S Length Transaction
• Unlawful Agreement
• Interest Calculation
• In Duplum Rule

Somlal v Nedbank Limited and Others (57426/2018)

Somlal v Nedbank Limited and Others (57426/2018) [2024] ZAGPPHC 1363 (31 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

57426/2018

Judge

N P Mali

The High Court rescinded a default judgment and set aside a warrant of execution and sale in execution after finding material non-disclosure and a misleading absence.

• Rescission Of Default Judgment
• Reserve Price Setting
• Sale In Execution
• Municipal Account Disclosure
• In Duplum Rule
• Rescission-of-default-judgment

Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors v Valoworx 33 CC and Others (16399/2023)

Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors v Valoworx 33 CC and Others (16399/2023) [2024] ZAWCHC 377 (19 November 2024)

Court

Western Cape High Court, Cape Town

Case number

16399/2023

Judge

Van Den Berg, AJ

High Court granted a monetary order on a settlement debt, limited by the in duplum rule, and awarded party-and-party costs after rejecting a belated authority challenge.

• Suretyship Liability
• Settlement Agreement
• In Duplum Rule
• Interest Calculation
• Certificate Of Balance
• Suretyship-liability

Rio Ridge 1121 (Pty) Ltd v Sydwell Shabangu Projects CC and Another (A367/2023)

Rio Ridge 1121 (Pty) Ltd v Sydwell Shabangu Projects CC and Another (A367/2023) [2024] ZAGPPHC 1054 (30 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

A367/2023

Judges

Millar, Hassim, Lesufi

The High Court held that a valid suretyship signed on the same day substantially fulfilled a suspensive condition, making the loan agreement binding.

• Suspensive Condition
• Suretyship
• Contractual Intention
• Performance Per Aequipollens
• In Duplum Rule
• Suspensive-condition

Grancy Property Limited and Another v Dines Chandra Manilal Gihwala and Others (512/2022)

Grancy Property Limited and Another v Dines Chandra Manilal Gihwala and Others (512/2022) [2024] ZASCA 144; 2025 (2) SA 76 (SCA) (23 October 2024)

Court

Supreme Court of Appeal

Case number

512/2022

Judges

Schippers, Hughes, Goosen, Coppin, Bloem

The Supreme Court of Appeal held that Grancy was entitled to the economic benefit of half the additional Scharrig option shares allocated to the DGFT, as established by the Joffe Schedule and the terms of the Scharrig agreement. The Court found that Grancy had authorised the disposal of its initial and option shares at R5.75 per share in January 2006 and had accepted the proceeds, negating claims of unauthorised sale or entitlement to higher damages based on the highest intermediate value principle. The Court rejected the application of the highest intermediate value rule, finding it foreign…

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• Breach Of Fiduciary Duty
• Quantification Of Damages
• Black Economic Empowerment
• Secret Profit Disgorgement
• Prescription
• In Duplum Rule